1-1 By: Brown S.B. No. 1262
1-2 (In the Senate - Filed March 7, 2001; March 12, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 3, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 3, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1262 By: Staples
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the authority of an officer to return stolen property
1-11 to its owner.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Article 47.01, Code of Criminal Procedure, is
1-14 amended to read as follows:
1-15 Art. 47.01. SUBJECT TO ORDER OF COURT. (a) Except as
1-16 provided by Subsection (b), an [An] officer who comes into custody
1-17 of property alleged to have been stolen shall [must] hold it
1-18 subject to the order of the proper court only if the ownership of
1-19 the property is contested or disputed[, except that if the officer
1-20 recovers, within 14 days from the date it was reported stolen,
1-21 property which is subject to Chapter 501, Transportation Code, the
1-22 officer need not hold the property subject to the order of the
1-23 proper court but may release the property to the owner, as shown on
1-24 the certificate of title].
1-25 (b) An officer who comes into custody of property governed
1-26 by Chapter 371, Finance Code, that is alleged to have been stolen
1-27 shall hold the property subject to the order of the proper court
1-28 regardless of whether the ownership of the property is contested or
1-29 disputed.
1-30 SECTION 2. This Act takes effect September 1, 2001.
1-31 * * * * *